you're watching cbs 5 eyewitness news on the cw. who beat brian stowe? it was not the man police were so certain of. what happens next with two new arrests in the case. >> he did it to himself. police today said the shot that killed a 19-year-old suspect came from his own gun. it looks like both sides realize they won't get everything they want, but congress still doesn't have a deal. why it's the president saying not so fast. good evening, i'm allen martin. ken is off. >> and i'm dana king. we have big news in two high profile cases. san francisco police are telling a different story about what happened when their officers shot an armed man. >> we're going to start with a stunner out of los angeles. giovan i ramirez had nothing to do with the beating.

this is l.a.'s police chief back in may. >> giovani ramirez is our primary suspect on the stowe beating. i'm as sure as you need to be to make an arrest and pursue a prosecution. >> ever since the chief made those comments, the l.a.p.d. struggled to provide the da with enough evidence and no charges were ever filed. tonight, the l.a. tames says the lapd arrested two other men for the vicious beating outside of dodgers stadium and with this news comes a biting we told you so from ramirez's attorney and family. kit has more from l.a. and brian stowe's family in santa cruz. >> minutes after the news broke, word spread quickly among the stowe family. >> we know that they have a big job to do and they have a lot of work ahead of them and putting all our faith in the lapd right now. >> the attorney knew all along his client would be cleared.

>> we were up front and felt very confident that if we kept giving them information, that it would lead to his exoneration. >> ramirez's lawyers were out spoken, he volunteered to stand in a lineup. >> i remember talking to him for the first time and i was impressed with his sincerity and demeanor. he told me that he had been asking the detectives to give him a lie detector test from the beginning. >> a police source says two people have been arrested and if the d.a. files charges against the new suspects, then ramirez will be exonerated. ramirez is a convicted felon, currently in jail. in the past, his family was vocal about his innocence. >> you have the wrong guy. you can vouch for that? >> he was in my house. >> during the game? >> i went to opening day myself. i went with my girlfriends. he was with his daughter at my house where i left them. >> by coincidence, there was a

photo gallery fundraiser for the stowe foundation at the liquid playground. a water sports store in san jose. so was an avid surfer and wake boarder. austin watts never met stowe, but felt the need to help the family. the break in the case was encouraging. >> extremely sad that somebody is put into a situation like that after a sporting event. it's excellent news that somebody is going to remain behind bars. >> reporter: we are here live at the fundraiser where they managed to collect nearly $600. brian stowe is currently at the hospital. he is in serious condition. he was able to open his eyes and wiggle his fingers for the doctors today. as for the lapd, they haven't said anything officially, but we do expect them to make a statement tomorrow. thank you very much. >> just hours earlier, we got another surprising announcement in a san francisco case. officers now believe the teenager shot by police

saturday on a muni platform also shot himself. elizabeth cook on why investigators believe the man killed himself either on purpose or by accident. >> we believe that a fatal wound on mr. harding's body was self-inflicted. >> with that, an already heated police case got more heated. >> one exit wound, there's a second gun shot wound that enters the right side of his neck and was retained in his head. the bullet which was removed from his head is not consistent with the service ammunition used by the san francisco police department. >> san francisco police used 40 caliber handguns. the bullet that killed kenneth harding was from a 380 handgun. they found a 380 caliber bullet in harding's pocket. in the bay view tonight where many were skeptical of the police version of events. >> sometime they blame the

policeman and sometimes it's not them, but sometimes it is them. >> this latest news probably won't help police overcome community skepticism. the community's long standing frustrations boiled over last night in a public meeting when cops tried to talk about the shooting. paul henderson is an adviser to the mayor and cbs 5 legal analyst who grew up in the bay view. >> a lot of conflicting reports out there as to what happened on saturday and that just reflects people's frustration in the neighborhood with a long history. most have issues that they were talking about had very little to do with the incident that took place on saturday. >> even though police now say they didn't kill harding, it will do little to calm frustration. >> anger doesn't go away right away. it takes time for it to go away. >> police believe this youtube video shows harding's gun on the ground. they believe this man took

harding's gun. there is a $1,000 reward for harding's weapon. again, they have not confirmed whether or not harding meant to shoot himself or he did it on purpose. >> suicide or accidental. they don't know yet. elizabeth, thanks. well for the first time we are getting a welcome at what happened during another officer involved shooting that caused a community uproar. this one on the civic center bart station platform. don knapp shows us what happened when police opened fire on a man who threatened them with not one, but two knives. >> a surveillance camera records the arrival of two bart police officers at the bart station sunday evening july 3. they are responding to a call about a drunken man on the platform. within 30 seconds, one officer draws his gun and fires at blair hill. it was the third bart police shooting death in three years. demonstrators protesting the shooting closed down the station on monday, july 11. one woman who said she witnessed the shooting told the

bay citizen that the homeless man was definitely not running or lungeing at the officers when they fired three shots killing him. at the civic center this evening, jose had this opinion. >> i heard that the police officer shot him on purpose. >> there's no reason? >> yeah. >> bart police chief uses the video in an attempt to show the police shooting was justified. >> the officer's mouth is moving, giving commands for mr. hill to drop his knife. >> according to what we know, mr. hill raised the knife and came toward to the officer. >> highlights the path of what police say is a knife thrown at the officer. the knife strike the side of the train and slides across the floor. at the same time, a muzzle flash is seen from the officer's gun. in all, three shots are fired. will the man or woman on the street be convinced? we asked jose vasquez's

opinion. >> it looked like he threw the knife on the video at the cop. >> it looked like it was on the floor. it didn't look like he threw it towards him. >> one man's opinion. police say the shooting justifies -- the video justifies the shooting. even though it shows one police officer at the critical moment and does not show the person who was shot. you can decide for yourself by going to the bart website and taking a look at the video. back to you. >> don knapp in san francisco, thanks. two homes in walnut creek nearly destroyed by fire this afternoon. it started just before 4:00 in the area of creek dale and castle glen roads. five acres of brush burned before firefighters got it contained. itst not clear if it started as a house fire and spread to the brush or the other way around. and a wild fire that threatened structures in morgan hill is fully surrounded tonight and firefighters hope it will no longer spread. 27-acres of grassland burned,

but no buildings. some workers were in the area and say they saw the fire start. >> it started off in the brush up here, so they were hard to see at first. the brush was 8 feet high and as soon as that wind picked up, anyone that knows this area knows it's real windy in the afternoon. within five minutes, it spread to over an acre. >> firefighters will be out there all night in case there are any flairups. a cyclist who collided with a truck in san francisco yesterday has died. now police are staying 25-year- old nancy was riding east on mission when she made an illegal left turn on to fremont street and the truck hit her. she was taken to san francisco general where she died last night. she was not wearing a helmet. the stock market both say yes, but the white house says no. today's holdup passing a bill to pay off bills. >> here in the golden state, the pressing issue is below the belt. why it's time for the state to

regulate circumcision. >> it's part of this war toward fly fishermen and the girls. >> trendy women versus seasoned anglers. they both want the same thing. how one group is cramping the style of the other. >> the area that will cool by 10 degrees for your friday. the pinpoint forecast is straight ahead as eyewitness news continues on the cw.

failing to obey officers, and being the protest say they sited 80 protesters for failing to

obey officers and being in the road in front of the grand hayat. this is one of nine rallies in front of hayat hotels across the country. workers are complaining of dangerous workloads. others are fighting, trying to unionize and local wants the ability to strike. the general manager tells the business times the union is holding up talks locally and in other cities in order to beef up its membership. san francisco's unionized hayats are ready to sign a contract. well depending on who you ask, the white house and congress are either close to a deal to cut spending and raise the debt limit or nowhere near an agreement. nancy cortis with the latest. >> rumors started swirling midday that the president and speaker boehner were nearing a deal. briefly spiking stocks before the speaker's office and the white house said it wasn't true. >> the fact is that there is no progress to report, but we

continue to work on getting the most significant deficit reduction package possible. >> congressional democrats expressed alarm over word that talks were centering around talks worth more than $3 trillion. the increased tax revenues democrats have been demanding as part of a balanced deal would be put off for a year or more to give congress time to tackle comprehensive tax reform. that would be a partial victory for house republicans who have insisted that they would not vote for any deal that included new tax revenue. >> i know you have a lot of members who don't like the idea of a compromise here or don't want to raise the debt ceiling. have you told them that any deal is going to have to involve some compromise? have you prepared them for that? >> and he added -- >> at the end of the day, we have a responsibility to act. >> that was the message officials from smp, the financial rating agency delivered to dozens of mostly

freshman republicans today in a closed door meeting about the consequences of default. >> i think it's quite clear based on what we just heard, obviously nobody thinks default is an option. >> congressional aids tell cbs news the deal and the works would require lawmakers to overhaul the tax code by 2012. closing corporate loopholes in exchange for lowering income tax rates and the corporate rate. if congress did not meet that deadline, the busch tax cuts would be allowed to expire for those making more than $250,000 a year. but democrats say that's not a fair tradeoff because the busch tax cuts are set to expire at the end of 2012 anyway. they are furious, which is why the white house is insisting nothing is set in stone and the president invited democratic leaders to the white house for a last minute meeting thursday night. nancy cor ties, cbs news, capitol hill. >> two california lawmakers

want to stop local governments from passing laws banning male circumcisions. assemblyman and woman say their bill is in response to san francisco's effort to put a measure on the november ballot. they say if san francisco's measure passes, it could open the door for other cities to also ban male circumcision. borters say circumcision is unnecessary. >> it's a violation of the human rights to operate on a healthy patient without that patient's consent, regardless of gender. all children deserve the right with which the bodies they were born. >> last month, a coalition of jews and muslims blocked the measure. it says male circumcigs is widely practiced and violate first amendment rights. >> all we have been hearing,

cooldown, cooldown, cooldown. >> it's not going to be a huge cooldown. but it will be up to about 10 degrees in some of our inland neighborhoods. this is the theme this evening. in san francisco where we did have a cooldown. high temperature 65 down from yesterday at 71 degrees. playing the music, oh how good was that? we're going to be generous and offer up some temperatures tonight. into the 50s across the board. the winds have gun to subside. tomorrow morning's commute, a little bit of drizzle. into the 50s. pinpoint forecast, watch the clock tick on by. overnight we see the clouds marching inland, but not quite making it in towards that pass area. we will see the clouds retreat by early afternoon hours bay side, but linger around the seashore. area of low pressure well to the north of the bay area. it has increased s and our

winds are more out of the west. when that happens, it ushers in that cooler air mass. so we'll bring down the numbers to 81 degrees. down from 86 degrees today. upper 70s in san rafael, and mid 80s to high 80s around fairfield and vacville and discovery bay. here you have it closer to the water and we jump up into 86 degrees in danville. also 86 in livermore. that's down from 93 experienced. 81. and los altos, call for gradually dry conditions over the weekend, but not bad. we jump up on monday only to return to seasonal temperatures by tuesday through thursday. everyone is going on vacation and we offer the opportunity for you to send us your pictures and look where charlie went. >> not bad.

he traveled to the arctic circumstance and will sent us this photo. that is so cool. >> what a fabulous vacation. >> right? >> yeah. not a will the of tourists. >> and des a card, i wish you were hear. thanks roberta. >> you can never tell what's going to become the next hot thing. >> it's a site of a chicken they are putting in their hair. >> feathers, the fashion trend farmers would wish would go away. [ female announcer ] at jcpenney, we're giving you a big thank you this friday and saturday with the simplest way to save extra! just use your jcpenney rewards credit card

to save an extra 20% on everything storewide! no exclusions! save an extra 20% on styles for her, brands for him, and clothes for kids. plus get an extra 20% off shoes, too! no jcpenney card? we'll still thank you with an extra 15% off! the savings are that simple! go to jcp.com to see everything on sale. we make style affordable. you make it yours. jcpenney.

accessory, or a fisherman's lure. fly a feather is a feather unless it's a fashion accessory or a fisherman's lure. fly fishing feathers are the new must have accessory for hair. i don't have any, but anyway. mike shows us why some people don't think the fad is so fly. >> perfect song. when steven tyler wore a chicken feather in his hair, fly fishermen didn't cast a second thought. why would they? >> drop it when you're ready.

>> the trend became hot. >> add some color, you know. it's something new to do with my hair. i'm always changing my hair. >> women started wearing feathers in their hair. the same rooster feathers that fishermen used to lure fish. jones works at fly fishing outdoors where feathers are really flying. >> there's this war against, you know, there's not much more and i want my feathers to the point where they can hardly keep them in stock. >> those feathers are already spoken for. >> not for fly fishing. > next year's stock is already sold up and the prices. >> $i charge more than that. >> a good markup. >> the $2 feather at elevation

costs 20 cents last year. the look is not new. keith richards strutted around and celebrities of all kinds are now getting them. feels great. can't even tell. since we are putting feathers, i figured how about this? this is chicken feathers. what do you think about that? >> it looks great. >> looks like daniel boone doesn't it? >> this is a by by dear leg is we are going to put animal parts on our head. remember where you saw it first. i have seen worse toupees, believe it or not. tears on the runway. the spies shuttle atlantis returned to earth f earth for the last time. >> after serving the world for over 30 years, this had quite a history. >> the first time in three

decades, no shuttle in orbit. the program officially ended today, putting 2,000 people out of work. explore mars and asteroids. that could happen in three to five years. >> google is tangling a $30 million incentive to speed up the private race to the moon. the robot on the mood, travel bel of monoand bring back -- >> so far 29 teams have signed up. tonight they had a party to celebrate the test of own ores. >> don't schedule your fantasy draft just yet and tiger's excaddy responds one day after being fired. [ male announcer ] brace yourself for the big, bold taste

of a subway® bbq pulled pork sub. tender, succulent slow-cooked pork with sweet and smoky barbecue sauce, all on freshly baked bread. subway. eat fresh®.

new 10-year labor deal...the players have yet to vote on it..that could what happens to camp alex smith? >> well i was voting on it. >> neither did anyone else. >> this could happen maybe today, maybe tomorrow. the question is, are the niners going to get their preseason games in? that's what they are trying to get to this point. the ffl layers approved a deal. the players have yet to vote on it. that could come as soon as tomorrow. mark, start the clock. >> hopefully we can all work quickly, expeditiously. it's time to get back toable feoffment that's what everybody hey pes to do. >> jordan, andy cruises to the flu line. thomas keeps the yellow jersey. he has a 15 second lead.

bill murray take ling the strip across the pond? won the open 22 years ago, trying to become the fourth to win both. he is tied with the lead. yesterday tigers woods announced he was firing steve williams. williams responded in an interview with a new zealand tv station. >> does must have been difficult, incredible loyal, and then to have this happen, basically i wasted time of my life. >> that was close. >> just gave steve williams a boss. >> coming up at 11:00, we're going to give our potential replacement for tiger woods. >> the names might surprise you. >> i'm sure they will. let's start it now. >> we'll wait.

see see you at 11:00. verizon claims its 4g lte is twice as fast as at&t. we're putting them to the test against the speed of a rescue unit. go ! they're downloading a music album. the first network to finish gets rescued. does your phone know that we're racing ? done ! verizon's done ! i've got seven left !

the fastest network in america. verizon. built so you can rule the air. now powering the lg revolution. and started earning loads of points. you got a weather balloon with points? yes i did. [ man ] points i could use for just about anything. ♪ ♪ there it is. [ man ] so i used mine to get a whole new perspective. ♪ [ male announcer ] the new citi thankyou premier card gives you more ways to earn points. what's your story? citi can help you write it.